Dottrina

Unfair Commercial Practices Directive, link

The rules laid down by EU Regulation 1150/2019, applicable to all countries of the EU from July 12, 2020, have the main objective of promoting fairness and transparency in relations between commercial users, on the one hand, and online platforms and online search engines, on the other hand, where it has been stipulated a B2B (“business to business”) contract. Through this Regulation, there is an important advance in the perspective of commercial users, with the introduction of a (partially) new concept, which no longer concerns only unfair commercial practices but also professionals, such as commercial users, and not only consumers may be weak contractors, due to a situation of information asymmetry, and therefore need specific regulatory protection. In the light of these new regulatory provisions and the changes and modifications of the economic fabric and legal relationships, one wonders whether it is appropriate to enumerate a new notion of contract, which is more consistent with the current state of our legal experience or if it is still useful and sufficient the one provided by the Civil Code of 1942.